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Women human rights defenders in conflict and post-conflict situations; side event 8 March

March 2, 2022

Women human rights defenders are crucial agents and leaders of change. However, due to their gender, they face particular obstacles and security risks. What are these gendered obstacles and risks? How can women human rights defenders best be supported and protected by States and other actors?
ISHR, the Ministry for Foreign Affairs of Finland and the Permanent Mission of Norway invite you to join a virtual event on the side of the Human Rights Council’s 49th session:
“Supporting women human rights defenders in conflict and post-conflict situations” takes place on Tuesday 8 March 2022 11:30am – 12:30pm (CET)
See also: https://humanrightsdefenders.blog/2020/08/03/roadmap-to-women-peace-and-security-wps-agenda-2020/

Opening statement: Pekka Haavisto, Minister for Foreign Affairs, Finland

Panellists:

Mary Lawlor, UN Special Rapporteur on the Situation of Human Rights Defenders

Ilwad Elman, Director of Program & Development, Elman Peace & Human Rights Centre [see also: https://humanrightsdefenders.blog/2020/09/17/fartuun-adan-and-ilwad-elman-from-somalia-named-2020-aurora-prize-winners/]

Horia Mosadiq, Human rights activist and Executive Director, Conflict Analysis Network (CAN)

Pooja Patel, Programme Director, International Service for Human Rights

Moderation: Heidi Hautala, Vice-President, Member of Parliament, European Parliament.

Download the flyer here and click here to join the event.

More about the contributions of women human rights defenders to peace and security: ISHR report.

https://mailchi.mp/ishr/749qlxejj6-33413?e=d1945ebb90

Posted in Human Rights Council, Human Rights Defenders, ISHR, THF | Leave a Comment »
Tags: 49th session of the UN Human rights council, Finland, Geneva, Human Rights Defenders, Ilwad Elman, ISHR, Mary Lawlor, Norway, peace building, Pooja Patel, side event, THF, women human rights defenders

Basic intro to the UN Human Rights Council

February 23, 2022

On 22 February 2022 Imogen Foulkes (a journalist reporting from Geneva for SWI swissinfo.ch as well as the BBC) published a piece: “What can the Human Rights Council do for you?”

Next week the spring session of the UN Human Rights Council begins [see also my: https://humanrightsdefenders.blog/2022/02/21/guide-to-49th-session-of-human-rights-council-with-human-rights-defenders-focus/]. Geneva will be inundated with the world’s top diplomats and human rights activists, who will wade their way through mountains of reports. Foulkes brief survey helps to see the essence:

It’s too easy, sometimes, to be overwhelmed by all the paperwork and protocol of the human rights council. The 47 council members sit, day after day, in the vast council chamber, listening to those endless reports, and waiting for their two minutes to speak.

Of course, the content of the reports is utterly serious; from possible war crimes and crimes against humanity in Syria, Yemen, or Myanmar, to the plight of child soldiers, to violence against women, and racial discrimination. Our world continues, day after day, to flout the human rights standards we’ve all signed on to defend.

But the very quantity of those reports, the way multiple human rights crises are addressed in a single day, before moving on to the next litany of cruelty and misery, can be exhausting, and, somehow, desensitising. I, and my journalist colleagues at the UN in Geneva, often find it difficult to interest our editors in what the human rights council is doing. Not least because, when those editors ask “so, once they’ve passed the resolution condemning x or y country, what happens then?” our answer has to be “not much”. The council has no power to impose sanctions, it cannot prosecute, its investigators can never apprehend someone they know to be a war criminal, and drag him or her to the International Criminal Court.

So what’s the point of it? That’s the question we try to answer in this week’s edition of Inside Geneva. We talk to human rights investigators, and to human rights defenders, people who bring their own testimonies of atrocities to the UN, often at great risk to themselves, and, often, because the UN is their last and only hope.

Andrew Clapham, who is currently a member of the UN team investigating violations in South Sudan, tells us that “The idea that someone has listened to your story, and you have taken your case to the United Nations is incredibly important.”

But is that enough? Is the UN’s human rights work simply a form of counselling, a way for victims of violations to talk through their trauma?

Feliciano Reyna, a human rights defender from Venezuela, explains that the UN’s regular reviews of a country’s record, from its upholding of the convention against torture, on women’s rights or the rights of the child, allow human rights defenders to participate – they come to Geneva to present their version of what’s happening in their country. This process, Feliciano tells Inside Geneva has been “absolutely key in advancing our work on human rights and putting Venezuela on the international and local agenda”.

We also talk to Collette Flanagan, whose son Clinton was shot and killed by Dallas police in 2013. Together with many other US mothers who have lost a child to police violence, Collette brought her case to the UN, because, she told us, her attempts at home to get answers for what had happened to her son, who was unarmed, were “dismissed by…the police department, we couldn’t get any answers to what happened to our child.”

Collette’s campaigning resulted, eventually in the UN’s report on the treatment of people of African descent. Presenting that report last year, UN Human Rights Commissioner Michelle Bachelet drew a direct link between slavery and the violence and discrimination inflicted on people of African descent today. She said there was “an urgent need to confront the legacies of enslavement” and called for “amends for centuries of violence and discrimination”, including “formal acknowledgment and apologies, truth-telling processes and reparations in various forms”.

For Collette, the report was a hugely important sign that even the most powerful country on earth, with its oft repeated promise of “liberty and justice for all”, is not above international scrutiny.

“The United States is a democracy,” Collette says. “And we are supposed to uphold life, liberty and freedom for every citizen. And that is not happening in the United States. And if those things are not happening in the United States then that is an egregious attack on democracy and human rights and freedom. How can the United Nations not be involved?”

One of the most disturbing investigations currently underway by UN human rights officers is the Fact Finding Mission on Myanmar, which is examining, among other things, the treatment of the Rohingya Muslim community by Myanmar’s ruling military regime.

In 2016 and 2017 over a million Rohingya fled appalling violence. When human rights officer Ilaria Ciarla arrived in the refugee camps in Bangladesh to take witness accounts, among them from mothers whose babies had been killed before their eyes, she tells Inside Geneva her initial reaction was “incredulity… is this possible? How can human beings do such horrible things to other human beings?”

Australian lawyer Chris Sidoti also served on the Fact Finding Mission, and highlights the inherent weakness in the human rights council’s inability to legally hold perpetrators to account. “I still know that the Myanmar butchers who are responsible for what happened may never individually be brought to justice,” he says.

But, he explains, those UN investigations are quietly growing some teeth. Names of perpetrators, and all the evidence to convict them, is available to courts, national or international, who do have the power to try and convict.

“We are seeing court cases in the top international courts now, dealing with Myanmar,” he notes. “The International Court of Justice is using our report. The International Criminal Court is using our report.”

And for Khin Ohmar, who has devoted her life to the struggle for democracy in her native Myanmar, this is a milestone. “Oh yes, that is what I have been working for, there is no other way. We have allowed this military to enjoy blanket impunity for so long, and that must stop,” she says. “These perpetrators [must be] held to account by law, and there is no domestic law available, so now we need international law to hold them to account for all the crimes they have committed against the people of Myanmar.”

https://www.swissinfo.ch/eng/what-can-the-human-rights-council-do-for-you-/47368266

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Tags: 49th session of the UN Human rights council, crimes against humanity, Imogen Foulkes, journalists, Myanmar, NGOs, Special Procedures, Swissinfo

Guide to 49th session of Human Rights Council – with human rights defenders focus

February 21, 2022

The 49th session of the UN Human Rights Council, from 28 February – 1 April 2022, will consider issues including the protection of human rights defenders, freedom of religion or belief, protection and promotion of human rights while countering terrorism, the right to food and adequate housing, among others. It will also present an opportunity to address grave human rights situations in States including Nicaragua, Venezuela, China, Syria, South Sudan, Sri Lanka, Iran, the Democratic People’s Republic of Korea, Myanmar, Eritrea, among many others. Here’s an overview of some of the key issues on the agenda. The ISHR has issued again its excellent Guide to the upcoming session and I have extracted from it the issues most directly related to human rights defenders:

Protection of human rights defenders

On 11 March 2022, the UN Special Rapporteur will present her report on the work of human rights defenders to address corruption. At the 49th session of the HRC, Norway will present a thematic resolution on human rights defenders in conflict and post-conflict situations. A group of NGOs have produced a list of 25 recommendations related to key concerns that should be addressed in the resolution. These include recommendations related to the removal of legislation that impinges upon the ability of defenders to do their work, including counter-terrorism legislation; the development of protection measures that take into account the specific needs of particular groups of defenders and the precarious nature of their situation in conflict and post-conflict contexts, and specific measures to support human rights defenders in such contexts, including in regard to the provision of cloud-based solutions for storage of documentation, flexible and reliable funding and swift responses in the case of the need for relocation of human rights defenders and their families. ISHR joins these calls and to impress upon the Council the need for a strong commitment to acknowledging and taking action to protect human rights defenders working in such contexts. In addition, we call on all UN members to monitor and report on their implementation of the resolution in a comprehensive way, sharing updates on challenges faced and progress made during relevant UN dialogues and debates.

Reprisals

Reports of cases of intimidation and reprisal against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system.

The UN has taken some action towards addressing this critical issue including:

an annual report by the Secretary General;
a dedicated dialogue under item 5 to take place every September;
The appointment of the UN Assistant Secretary General on Human Rights as the Senior Official on addressing reprisals.

Despite this, ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation. See also: https://humanrightsdefenders.blog/tag/reprisals/

During the 48th session, the Council adopted a resolution on reprisals. The text was adopted by consensus for the first time since 2009 and invites the UN Secretary General to submit his annual report on reprisals and intimidation to the UN General Assembly. Once again the resolution listed key trends including that acts of intimidation and reprisals can signal patterns, increasing self-censorship, and the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity by conducting prompt, impartial and independent investigations and ensuring accountability for all acts of intimidation or reprisal, both online and offline, by condemning all such acts publicly, providing access to effective remedies for victims, and preventing any recurrence.

Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about specific cases of reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out. The President should also update the Council on actions taken by the President and Bureau to follow up on cases and promote accountability under this item.

Other thematic debates

At this 49th session, the Council will discuss a range of topics in depth through dedicated debates with mandate holders. The debates with mandate holders include:

The Special Rapporteur in the field of cultural rights
The Special Rapporteur on freedom of religion or belief
The Special Rapporteur on torture
The Special Rapporteur on the right to privacy

In addition, the Council will hold dedicated debates on the rights of specific groups including the Special Rapporteur on minority issues

In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:

The Special Rapporteur on the promotion and protection of human rights while countering terrorism
The Special Rapporteur on human rights and the environment

Country-specific developments

China: High Commissioner Bachelet has still not released her Office’s report on grave human rights violations in the Uyghur region, six months after announcing its upcoming publication, and three months since her spokesperson indicated it would only be a matter of ‘weeks’. Further delays risk entrenching the Chinese government’s sense of impunity, and will harm the credibility of, and confidence in her Office’s capacity to address grave violations, some of which could amount to atrocity crimes. States should urge the High Commissioner to promptly publish her report, and present it to the Human Rights Council as a matter of utmost priority. This includes ensuring sustained pressure around China’s abuse of national security in discourse and law, and on the widespread and systematic use of enforced disappearance under ‘Residential Surveillance at a Designated Location’ (RSDL). See also: https://humanrightsdefenders.blog/2022/02/05/chinas-residential-surveillance-at-a-designated-location-needs-to-disappear/

Burundi: The Commission of Inquiry on Burundi (CoI) concluded its work at the 48th HRC session in October 2021 while a new resolution establishing a mandate of UN Special Rapporteur on Burundi was adopted, resolution 48/16. The resolution tasks the mandate with monitoring the human rights situation in the country, making recommendations for its improvement, and reporting to the Human Rights Council. While the Special Rapporteur will be unable to continue the entirety of the investigative work carried out by the CoI, they will “collect, examine and assess” information on human rights developments. Ahead of HRC48 more than 40 organisations, including ISHR, urged the Council to continue its scrutiny and further work towards justice and accountability in Burundi. See also: https://humanrightsdefenders.blog/2021/07/03/germain-rukuki-burundi-human-rights-defender-out-of-jail/

The UN Human Rights Office (OHCHR) will ensure that evidence collected by the CoI is “consolidated, preserved, accessible and usable in support of ongoing and future accountability efforts” including efforts to hold Burundian officials responsible for atrocities in front of the International Criminal Court (ICC). The Burundian government should resume its engagement with the Council and grant the Special Rapporteur, who will be appointed in March 2022, access to the country for an official visit.

France: Following an urgent call by ISHR and the Comité Adama, UN experts sent two communications to the French government on 15 and 26 November 2021 asking for measures to ensure that human rights defenders, including people of African descent, enjoy a safe environment in which to carry out their legitimate work for human rights and justice. The lack of investigation in the case of Adama Traoré’s death and the judicial harassment against his sister Assa Traoré for her activism is a sign of broader systemic racism against Black people in policing and criminal justice in France.

ISHR urges the HRC to continue its scrutiny and calls on France to ensure a prompt, transparent, and impartial investigation into the case of Adama Traoré; end the judicial harassment of Assa Traoré for her activism; accept the requests of the UN Special Rapporteur on Racism and the Working Group on People of African Descent to visit the country; end impunity for police violence; and ensure truly free and impartial investigations into the death or injury of anyone at the hands of the police, especially people of African descent.

Egypt: The joint statement delivered by States in March 2021 at the 46th session of the HRC played a critical role in securing the conditional release of several human rights defenders and journalists arbitrarily detained throughout 2021 and 2022. Regrettably, these releases do not reflect any significant change in Egypt’s systematic attacks on civic space and human rights defenders, including arbitrary detention, torture, ill-treatment, enforced disappearances and criminalisation of the exercise of the rights to freedom of expression, association, assembly or public participation. On 3 February 2022, 175 parliamentarians from across Europe urged the HRC to establish a “long overdue monitoring and reporting mechanism on Egypt”. ISHR joined more than 100 NGOs from around the world in urging the HRC to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Egypt. Continued, sustained and coordinated action on Egypt at the HRC is more necessary than ever. The HRC should follow up on the 2021 State joint statement and heed the calls of civil society and parliamentarians. See also: https://humanrightsdefenders.blog/2022/01/11/the-arabic-network-for-human-rights-information-has-shut-down/

Nicaragua: A year after Council resolution 46/2, civil society reporting indicates no meaningful action has been taken by Nicaragua to implement any of the Council’s recommendations to the government. Instead, it has deepened its crackdown on human rights defenders and any form of dissent, and further closed civil society space ahead of the November 2021 electoral process. The government’s absolute disregard for cooperation with international and regional mechanisms, including the treaty bodies, is an additional sign that the government does not intend to revert course on the country’s human rights crisis. ISHR, jointly with the Colectivo 18/2, urges the Human Rights Council to establish an independent mechanism to investigate grave human rights violations since April 2018 in Nicaragua, as well as their root causes. The mechanism should verify alleged grave violations, identify perpetrators, and preserve evidence, with a view to long-term accountability processes. See also my post of today: https://humanrightsdefenders.blog/2022/02/21/nicaragua-death-in-detention-and-sham-trial/

Saudi Arabia: According to ALQST’s 2021 annual report, for a short time in early 2021, intense global pressure on Saudi Arabia’s leaders to improve their dismal human rights record resulted in some minor reforms and concessions, yet, when the pressure eased, the Saudi authorities resumed their habitual pattern of abuses with renewed intensity. A number of high-profile women human rights defenders and prisoners of conscience were conditionally released, but they remain under severe restrictions which means that while they are released, they are not yet free. Saudi authorities continue to crackdown on freedom of expression and hand down lengthy prison sentences to human rights defenders. Saudi Arabia is sensitive regarding its reputation and susceptible to international pressure.

Sudan: On 5 November 2021, the Human Rights Council held a special session to address the ongoing situation in the Republic of Sudan and mandated an Expert on human rights in Sudan to monitor and report on the situation until the restoration of its civilian-led Government. The HRC must extend the reporting mandate of the Expert as the human rights situation is deteriorating. The military is closing the civic space for women’s rights groups and women human rights defenders, including by stigmatising women’s rights groups as terrorists or drug abusers. The recent arrests of women human rights defenders are part of a systemic attack against WHRDs in Sudan. The military and security forces are using social media and traditional media to defame women protesters. Women’s rights groups and WHRDs are facing a new wave of attacks that include framing charges to prolong the detention of WHRDs and defame the women’s rights movement. The military reinstated the authorities of the former regime’s security forces in December 2021 in the emergency order number 3. The new emergency order gave Sudanese security complete impunity and protection from accountability for any form of violations on duty. Sudanese security forces have a well-documented history of sexual abuse and torture of women detainees. WHRDs in detention are at risk of maltreatment, torture, and sexual violence.

Venezuela is back under the microscope with updates from the Office of the High Commissioner and from the Council’s fact-finding mission on the country both scheduled for 17th March. Attention on the human rights situation in the country follows hot on the heels of the Universal Periodic Review of Venezuela that took place at the end of January. The Council session is taking place at a time that Venezuelan civil society continues facing restrictions and attacks on their work. The head of human rights organisation, Fundaredes, has now been arbitrarily detained for 224 days. The Council session is an opportunity for States to express concern about the restrictions on civil society, and to enquire about the implementation of prior recommendations made to Venezuela by both OHCHR and the Mission. Despite being a Council member, Venezuela has yet to allow the Council’s own fact-finding mission access to the country, something the Council as a whole should denounce.

The High Commissioner will provide an oral update to the Council on 7 March. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

Oral update and interactive dialogue with the Special Rapporteur on Eritrea
Oral update and interactive dialogue with the High Commissioner on the Tigray region of Ethiopia
Interactive Dialogue on the High Commissioner’s written update on Sri Lanka
Interactive dialogue on the High Commissioner’s report on Nicaragua
Interactive dialogue on the High Commissioner’s report on Afghanistan
Interactive Dialogue on the High Commissioner’s report on ensuring accountability and justice in the Occupied Palestinian Territory, including East Jerusalem
Oral updates and interactive dialogues with the High Commissioner and fact-finding mission on Venezuela
Oral update bv the High Commissioner and interactive Dialogue with the Special Rapporteur on the Democratic People’s Republic of Korea
Enhanced Interactive Dialogue on the OHCHR’s report on Belarus
Interactive Dialogue on the High Commissioner’s report, enhanced interactive dialogue on the Secretary-General’s report, and interactive dialogue on the Special Rapporteur’s report on Myanmar
Interactive Dialogue on the Special Rapporteur’s report on Iran
Interactive Dialogue on the Commission of Inquiry’s report on Syria
Interactive Dialogue on the Special Rapporteur’s report on the Palestinian territories occupied since 1967
Interactive Dialogues on the High Commissioner’s report and Commission on Human Rights’ report on South Sudan
Interactive Dialogue with the High Commissioner on Ukraine
High-level Interactive Dialogue with the Independent Expert on Central African Republic
Oral updates and enhanced interactive dialogue with the High Commissioner and the team of international experts on the Democratic Republic of the Congo
Oral update by the Special Rapporteur on Cambodia
Interactive Dialogue on the Independent Expert’s report on Mali
Interactive Dialogue on the fact-finding mission’s report on Libya

Appointment of mandate holders

The President of the Human Rights Council will propose candidates for the following mandates:

Three members of the Expert Mechanism on the Rights of Indigenous Peoples (one from the Pacific, one from Central and South America and the Caribbean, and one from Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia);
The Special Rapporteur on the promotion and protection of human rights in the context of climate change;
The Special Rapporteur on the situation of human rights in Afghanistan;
The Special Rapporteur on the situation of human rights in Burundi;
The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967;
A member of the Working Group on Arbitrary Detention, from Western European and other States;
A member of the Working Group on Enforced or Involuntary Disappearances, from Asia-Pacific States;
A member of the Working Group on the issue of human rights and transnational corporations and other business enterprises, from Asia-Pacific States;
A member of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, from Latin American and Caribbean States (an unforeseen vacancy that has arisen due to a resignation).

Resolutions to be presented to the Council’s 49th session

At the organisational meeting on 14 February the following resolutions were announced (States leading the resolution in brackets):

Human rights of persons belonging to minorities (Austria, Mexico, Slovenia)
Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (Pakistan on behalf of the OIC)
Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice (Pakistan on behalf of the OIC)
Cultural rights (Cuba)
The negative impact of unilateral coercive measures on the enjoyment of human rights (Azerbaijan on behalf of NAM)
Right to work (Egypt, Greece, Indonesia, Mexico, Romania)
Situation of human rights in the Islamic Republic of Iran – mandate renewal (Iceland, Moldova, North Macedonia, UK)
Rights of the child (GRULAC and EU)
Human rights defenders (Norway)
Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context (Germany, Brazil, Finland, Namibia)
Situation of human rights in the Syrian Arab Republic – mandate renewal (France, Germany, Italy, Jordan, Kuwait, Netherlands, Qatar, Turkey, UK, USA)
Situation of human rights in South Sudan – mandate renewal (Albania, Norway, USA, UK)
Mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism – mandate renewal (Mexico)
Prevention of genocide (Armenia)
Situation of human rights in Belarus – mandate renewal (EU)
Situation of human rights in the Democratic People’s Republic of Korea (DPRK)- mandate renewal (EU)
Situation of human rights in Myanmar – mandate renewal (EU)
Freedom of religion or belief (EU)
Technical assistance and capacity-building for Mali in the field of human rights (Africa Group)
Technical assistance and capacity-building for South Sudan (Africa Group)
Role of states in countering the negative impact of disinformation on human rights (Ukraine)

During this session, the Council will adopt the UPR working group reports on Myanmar, Greece, Suriname, Samoa, Hungary, Saint Vincent and the Grenadines, Papua New Guinea, Tajikistan, United Republic of Tanzania, Eswatini, Antigua and Barbuda, Trinidad and Tobago, Thailand and Ireland.

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. 7 panel discussions and 1 thematic meeting are scheduled for this upcoming session:

To stay up-to-date: Follow @ISHRglobal and #HRC49 on Twitter, and look out for our Human Rights Council Monitor.

https://ishr.ch/latest-updates/hrc49-key-issues-on-agenda-of-march-2022-session/

Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR | 4 Comments »
Tags: 49th session of the UN Human rights council, Burundi, China, Egypt, France, Human Rights Defenders, ISHR, Nicaragua, Norway, reprisals, Resolution, Saudi Arabia, Special Rapporteur on Human Rights Defenders, Sudan, Venezuela

TODAY: International Day for the Elimination of Violence against Women,

November 25, 2021

Women and girls everywhere continue to be subjected to multiple forms of gender-based violence, including femicide, online violence and domestic violence, UN and regional experts (for impressive list see below) said today. They call on States to exercise due diligence and to fight pushbacks on gender equality.

On the International Day for the Elimination of Violence against Women, they issue the following statement: [see also: https://humanrightsdefenders.blog/2019/11/19/16-days-of-activism-against-gender-based-violence-start-on-25-november-2019/]

“Although they represent more than half the world’s population, women and girls the world over are still at risk of being killed and subject to violence, intimidation and harassment when they speak out – for the simple fact of being women and girls. Violence against women and girls is the result of intersectional forms of social, political, economic, racial, caste and cultural discrimination perpetrated daily against women and girls in all of their diversity, including in the context of armed conflict, and States and the international community have the obligation mandated by international human rights law and standards to address this violence. Together, these forms of discrimination not only aggravate the intensity and frequency of violence but also sharpen the impunity that exists against it and increase societal and individual readiness to allow it.

Of particular concern is the fact that not only women and girls continue to be subjected to multiple manifestations of violence but that the spaces where this violence takes place have also multiplied. Nowhere is this more apparent than within online spaces, including social media. Governments, private companies and others may seek to hide their responsibilities behind the seemingly “borderless” nature of the internet. But human rights are universal and, as such, there is one human rights regime that protects the rights of women and girls offline as well as online, and that demands zero tolerance for violence against women and girls in the digital space. Violence against women and girls flourishes because those who seek to silence women and girls and facilitate their exploitation, abuse, maiming and killing are not firmly prevented from and held accountable for their actions.

It is unacceptable that in today’s world where humanity and life on this planet faces the existential threats of climate change and toxic pollution amidst a proliferation of conflict; the COVID-19 pandemic has killed at least 5 million people and infected at least 250 million worldwide in less than two years, also causing an increase in domestic violence against women, that women and girls are unable to participate fully in responding to these threats or in the search for solutions because they are discriminated, abused and continue to suffer violence, including sexual violence, exploitation and death on the basis of their sex, gender, sexual orientation and gender identity. These global crises interact with and further deepen pre-existing inequalities as well as legal, institutional and policy gaps to eliminate gender-based violence against women and girls, which in many cases, worsen them. Indigenous women, internally displaced women, women with disabilities, lesbian and transgender women and women belonging to other vulnerable or marginalized groups are particularly affected by the failure of these policies to prevent such violence, as well as protect and assist survivors.

While a number of States, non-state actors and other stakeholders have stepped up their interventions and resource allocations to prevent and respond to gender-based violence against women and girls, more effort in terms of both financial and non-financial interventions is needed to make these approaches truly transformative, particularly with regards to prevention, to avoid that policies remain ‘gender blind’, ‘gender exploitative’ or ‘race neutral’. Many of these policies do not disaggregate data based on social and racial constructs which discriminate, marginalize, exclude, and violate women and girls. These policies need to transform the prevailing social, economic and political systems that produce, nurture, and maintain gender inequality and drive violence against women and girls everywhere, through increased investment in their education and skills development, access to information, social services and financial resources, and support for positive representation and images in public discourse and social media. Collectively, they need to do more to challenge the patriarchal social norms and constructs of masculinity, femininity, racism and casteism that are based on extremely harmful stereotypes and which can cause psychological, physical, emotional and economical harm, including for women of colour, including those of African descent. These stereotypes pervade state institutions as evidenced by the lack of accountability for many cases before law enforcement and justice systems. States must also ensure access to comprehensive physical and mental care for survivors of gender-based violence, as part of the full range of quality sexual and reproductive health care that must be available for all.

Collective effort is required to stop the reversal of progress made in ending violence against women across the world and to counter the backlash against gender equality and the tenets of human rights-based legislation and governance. Those responsible for these regressive steps often begin by attempts to co-opt the justice system, change or issue new legislation and curtail fundamental rights and freedoms for women and girls, such as their freedom of thought, expression and association, their right to peaceful assembly, freedom of association, freedom of thought and, in particular, their sexual and reproductive rights. All human rights are inalienable, interdependent and exist without a hierarchy, despite the efforts of some actors to sacrifice some of these rights at the expense of others, often in the name of their own cultural or religious norms and their particular perception of societal harmony.

Women and girls around the world need to be heard; their voices should not be silenced nor their experiences go unnoticed. Women will never gain their dignity until their human rights are protected. Women’s rights are human rights. Women and girls’ agency and participation in all processes that affect their rights and lives need to be promoted and protected at all costs. States should ensure and create an enabling environment for women to exercise their fundamental freedoms of expression, association, peaceful assembly and public participation free from intimidation and attacks. States must exercise their due diligence obligation and protect women human rights defenders, activists and women’s organizations who are regularly harassed, intimidated and subjected to violence for defending their rights and promoting equality. The level and frequency of violence against them should raise alarm bells everywhere. It is, and should be, a public policy and a human rights priority.

If we want to gauge the underlying health, security and prosperity of a society, we all need to address our duty to play a part in the respect and furtherance of women and girls’ rights. There will be no prosperity without ending violence against women and girls in the public as well as in the private sphere.

There will be no ending of violence against women and girls if we don’t recognize and protect the dignity, rights and security of women and girls everywhere and at all times.” ENDS

*The experts:

Platform of independent expert mechanisms on the elimination of discrimination and violence against women (EDVAW Platform): Reem Alsalem*, Special Rapporteur on violence against women, its causes and consequences; ****Melissa Upreti ****(Chair), **Dorothy Estrada Tanck **(Vice-Chair), Elizabeth Broderick, Ivana Radačić, and **Meskerem Geset Techane, ***Working Group on discrimination against women and girls*; ****Gladys Acosta Vargas, ***Chairperson of the UN Committee on the Elimination of Discrimination against Women;* Margarette May Macaulay******, ****Rapporteur on the Rights of Women of the Inter-American Commission on Human Rights**; Iris Luarasi, President of the Group of Experts on Action against Violence against Women and Domestic Violence of the Council of Europe; Tatiana Rein Venegas**, President of the* Committee of Experts of the Follow-up Mechanism to the Belém do Pará Convention*; Maria Teresa Manuela, Special Rapporteur on the Rights of Women in Africa.*

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27851&LangID=E

India arrests Khurram Parvez again

November 23, 2021

The National Investigation Agency (NIA) of India arrested on Monday, 22 November 2021 prominent human rights defender Khurram Parvez after a day of extensive searches at his residence and office in Jammu and Kashmir capital Srinagar. He is an internationally recognized human rights defender, see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3

A family member told The Wire that Khurram’s residence in the city’s Sonawar locality was raided by NIA officials who were accompanied by local police and paramilitary troopers, on Monday morning. Another raid was carried out later in the day at his office in the Amira Kadal locality.

The raids were carried out in connection with a case (RC 30/2021) filed by the agency earlier this year.

Sources said the investigators confiscated Khurram’s mobile phone, laptop, some books and documents from his office and residence before taking him to the agency’s camp office in Srinagar’s Church Lane on Monday afternoon. “In the evening, we got a call to bring his clothes,” said a family member, adding that his wife and their son went to the office and handed his clothes to the officials there.

The NIA has not so far issued any statement on the arrest of Khurram, who is also the chairman of Asian Federation Against Involuntary Disappearances. Sources said his family was handed the arrest memo on Monday evening and he is likely to be flown to New Delhi on Tuesday.

The United Nations said it was disturbed by the reports of Khurram’s arrest, “I’m hearing disturbing reports that Khurram Parvez was arrested today in Kashmir & is at risk of being charged by authorities in #India with terrorism-related crimes. He’s not a terrorist, he’s a Human Rights Defender,” Mary Lawlor, UN Special Rapporteur on Human Rights Defenders, tweeted. David Kaye, a former UN Special Rapporteur, said Khurram’s arrest under terrorism charges was “yet another extraordinary abuse in Kashmir.”

World Organisation Again Torture (OMCT), a Geneva based non-profit which works with groups across the world to fight for human rights, said it was “deeply concerned” by Khurram’s arrest, “We are deeply concerned about the high risk of torture while in custody. We call for his immediate release,” OMCT said in a tweet.
One of the most prominent rights defenders from Kashmir, Khurram has extensively worked on documenting the abuses allegedly committed both by security forces and militants in Kashmir as coordinator of Jammu Kashmir Coalition of Civil Society (JKCCS), a rights group based in Srinagar. See also: https://humanrightsdefenders.blog/2016/12/01/human-rights-defender-khurram-parvez-reluctantly-released-in-india/

The JKCCS has published more than a dozen reports on human rights abuses in Kashmir and its last report, ‘Kashmir’s Internet Siege’ focused on the mass detentions and the reported breakdown of the judicial system in Jammu and Kashmir in the aftermath of the reading down of Article 370. See also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/

Khurram’s last tweet on August 30 this year was about a programme organised by Asian Federation Against Involuntary Disappearances and its members countries across Asia who pledged “that truth will not be buried, disappeared won’t be ever forgotten & perpetrators will never be forgiven.”

However, India’s government resists any notion of having acted wrongly:

Ministry of External Affairs (MEA) spokesperson Arindam Bagchi said that the [UN] statement makes “baseless and unfounded allegations” against Indian security forces. “It also betrays a complete lack of understanding on the part of the OHCHR of the security challenges faced by India from cross-border terrorism and its impact on the most fundamental human right ‘the Right to Life’ of our citizens, including in Jammu and Kashmir,” he said.

Asserting that all actions are undertaken in accordance with the law, he said, “We urge the OHCHR to develop a better understanding of the negative impact of terrorism on human rights.”

https://www.sbs.com.au/news/prominent-human-rights-activist-arrested-by-india-s-top-anti-terrorism-agency/9b91bc37-0dd2-48d4-aedc-b020fb36ea54

https://www.telegraphindia.com/india/valley-rights-activist-khurram-parvez-detained-by-nia/cid/1840157

https://thewire.in/rights/khurram-parvez-nia-arrest

https://www.reuters.com/world/india/un-criticises-disturbing-arrest-rights-activist-indian-kashmir-2021-11-23/

https://www.thehindu.com/news/national/other-states/global-rights-bodies-call-for-release-of-kashmir-based-activist-khurram-parvez/article37640132.ece

https://thewire.in/diplomacy/un-ohchr-khurram-parvez-arrest-india-dismiss

Posted in Human Rights Council, Human Rights Defenders, OMCT | 1 Comment »
Tags: arrest, David Kaye, digest of human rights awards and laureates, India, Jammu Kashmir Coalition of Civil Society (JKCCS), Kashmir, Khurram Parvez, Mary Lawlor, National Investigation Agency (NIA), OMCT

Abdulhadi al-Khawaja goes on hunger strike after ban on family calls

November 17, 2021

Jailed Bahraini human rights defender Abdulhadi al-Khawaja has started a hunger strike after being informed that he has been banned from receiving calls from family, his daughter Zaynab said on Tuesday 16 November 2021.

“My father, Abdulhadi al-Khawaja, has started a hunger strike today. The prison administration informed him that he is not allowed to make any calls. Having had no visitation rights for the past two years, these calls were his only communication with us,” Zaynab al-Khawaja wrote on Twitter.

Khawaja, who turned 60 in April, is a prominent human rights defender and the former president of the Bahrain Centre for Human Rights. He has been in prison for 10 years, serving a life sentence for “organising and managing a terrorist organisation”, among other charges. See: https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d

His case was one of the first high-profile arrests following the beginning of pro-democracy protests in 2011 that sparked a widespread government crackdown in Bahrain. Tens of thousands of people poured out onto the streets at the time, calling for democratic reforms, an end to discrimination against the majority Shia Muslim population and, eventually, the end of the 245-year rule of the Khalifa monarchy.

Mary Lawlor, the UN special rapporteur on the situation of human rights defenders, has called for the release of Khawaja on his 60th birthday, but her calls have been unheeded. See also: https://humanrightsdefenders.blog/2020/04/24/martin-ennals-award-laureates-rally-to-demand-freedom-for-their-imprisoned-fellow-award-winners/

“He’s serving a life sentence in prison for peacefully defending the rights of others,” Lawlor said.

Earlier this year, Khawaja’s other daughter, Maryam, told Middle East Eye that his family’s access to him had been sporadic.

“You can never expect what’s going to happen; you might have a call this week but then next week there isn’t a call. So nothing is ever set in stone,” she said during an interview in February.

Maryam has herself become one of the most prominent voices internationally for the Bahraini democracy movement. It’s a profile that has forced her to live in exile due to a sentence she received in absentia for allegedly assaulting a police officer.

“What we see today is what you could call a stalemate, but it goes beyond that because it’s a situation that cannot continue the way that is it. There is absolute control over everything with regards to public space, access to freedoms and so on,” she said at the time.

A report compiled in February by the London-based campaign group Bahrain Institute for Rights and Democracy for the 10th anniversary of the uprising said that, since 2011, at least 51 people had been sentenced to death in Bahrain.

According to the report, mass trials have become “commonplace” in the country, with 167 people sentenced in a single day in February 2019. Hundreds of activists have seen their citizenship stripped by the kingdom, with an estimated 300 currently denaturalised.

https://www.middleeasteye.net/news/bahrain-jailed-activist-abdulhadi-khawaja-hunger-strike-ban-family -calls

Posted in human rights, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: Abdulhadi Al-Khawaja, Bahrain, Bahrain Institute for Rights and Democracy, digest of human rights awards and laureates, hungerstrike, Mary Lawlor, Maryam Abdulhadi al-Khawaja, Middle East Eye, Zaynab al-Khawaja

Lawlor calls on Kyrgyzstan to stop harassment of human rights defender Kamilzhan Ruziev

November 12, 2021

Kyrgyzstan must investigate death threats against human rights defender Kamilzhan Ruziev instead of harassing him for making complaints against the police, said Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders “It is extremely disturbing that authorities began laying criminal charges against Mr. Ruziev after he exposed police torture and ineffectiveness, when they should actually be investigating the death threats made against him,”

As director of the non-governmental human rights organisation Ventus, Ruziev defends victims of torture, domestic violence, and discrimination. In 2019, a police investigator, whom Ruziev exposed for committing torture, reportedly threatened to kill him. When the State Committee for National Security and the Prosecutor’s Office failed to investigate the threats, Ruziev took them to court, only to find himself facing seven criminal charges.

“Kyrgyz authorities must give Mr. Ruziev a fair trial and effectively investigate all allegations of threats and ill-treatment against him and other human rights defenders,” she said. The next hearing on Mr. Ruziev’s case will be on 11 November 2021.

Lawlor said she was also disturbed by reports that Mr. Ruziev was ill-treated while held in detention for 48 hours in May 2020, and denied access to his lawyer.

“Now I hear that his health is deteriorating, and complaints to the authorities about violations committed against him continue to fall on deaf ears,” she added.

In a report to the Human Rights Council earlier this year on threats and killings of human rights defenders, Lawlor warned: “when a human rights defender receives death threats, swift action must be taken to prevent the threats from escalating. Impunity fuels more murders.”

Lawlor is in contact with the authorities of Kyrgyzstan on this issue, and stressed that “Kyrgyzstan must do better to safeguard the environment for human rights defenders to carry out their work.”

Her call was endorsed by: Ms. Tlaleng Mofokeng, Special Rapporteur on the right to physical and mental health.

https://www.miragenews.com/investigate-death-threats-against-human-rights-664761/

Posted in human rights, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: fair trial, harassment, Human Rights Defenders, Kamilzhan Ruziev, Kyrgyzstan, Mary Lawlor, medical care, Special Rapporteur on Human Rights Defenders, threats

Pham Doan Trang: UN experts call for release of Vietnamese human rights defender

November 1, 2021

On 30 October 2021 AFP reported that a group of UN human rights experts called for the immediate release of Vietnamese activist Pham Doan Trang (pic), who is awaiting trial after a year in detention. The prominent Vietnamese author, who campaigns for press freedom and civil rights, was arrested in October last year. [see: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba]

Trang has pushed for change on a host of controversial issues, including land grabs and LGBTQ rights. “Pham Doan Trang is only the latest victim of the authorities’ use of vaguely-defined propaganda charges to persecute writers, journalists and human rights defenders,” the experts said in a statement.

The UN experts said the charges against her stem from at least three human rights reports she co-authored, plus interviews with foreign media. They accuse the authorities of “criminalising the exercise of their right to freedom of opinion”.

“We urge the authorities to immediately and unconditionally release Ms Pham Doan Trang.“

The UN experts included the special rapporteurs on the right to freedom of opinion, on human rights defenders, and on the right to physical and mental health.

https://www.thestar.com.my/aseanplus/aseanplus-news/2021/10/30/un-experts-call-for-release-of-vietnamese-activist

Posted in human rights, Human Rights Council, Human Rights Defenders | 1 Comment »
Tags: detention, digest of human rights awards and laureates, Freedom of speech, Pham Doan Trang, special rapporteurs, UN expert, USA, Vietnam

48th session of the Human Rights Council: outcomes

October 19, 2021

On 11 October 2021 14 NGOs shared reflections on the key outcomes of the 48th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations [See also: https://humanrightsdefenders.blog/2021/09/13/human-rights-defenders-issues-in-the-48th-session-of-he-un-human-rights-council/]:

We welcome the adoption of the resolution on the establishment of the UN Special Rapporteur on human rights and climate change, who will focus on the interdependence between human rights, a healthy environment, and combating climate change and we welcome the Council’s historic recognition of the human right to a clean, healthy and sustainable environment. These are vital steps towards addressing the climate crisis and achieving environmental justice.

Ensuring a safe and enabling environment for civil society participation at the national and international levels is essential.

We welcome the adoption by consensus of the resolution on cooperation with the UN in the field of human rights, in particular the invitation to the Secretary-General to submit his annual reprisals report to the General Assembly, which will ensure greater attention to the issue and contribute to a more coherent system-wide response across the UN.

We express concern over the reclassification of NGO written statements submitted to the 48th session of the HRC from Agenda Item 4 to Agenda Item 3 without informing or consulting with the submitting organizations, and without transparency for the reasons or scope of this reclassification.

We welcome that the resolution on equal participation in political and public affairs puts an important focus on the context of elections and on the impact of COVID-19, underscoring the importance of protecting civil society participation at every level as part of an effective response to the pandemic, in post-pandemic recovery and as a vital component of democratic electoral processes. We regret that, in this and other resolutions, there has been systematic pushbacks against the inclusion of references to children’s right to participate in public affairs, in particular girls, in contravention of international human rights standards.

We also welcome the resolution on privacy in the digital age. Among other issues, the resolution responds to recent Pegasus revelations and includes new commitments on the use of privately-developed surveillance tools against journalists and human rights defenders. It is now essential that the Council goes further and champions the call made by various UN human rights experts to implement a global moratorium on the sale, export, transfer, and use of private surveillance technology without proper human rights safeguards. We also welcome new language in the text on privacy violations and abuses arising from new and emerging technologies, including biometric identification and recognition technologies. In future iterations of the text, we encourage the core group to go further in calling for a ban on technologies that cannot be operated in compliance with international human rights obligations.

With the withdrawal of the resolution on the realisation of a ‘better life’, we are glad to see that the Council’s mandate and resources will not be diverted to efforts that would distract from its core work or dilute human rights standards.

We regret that it was not possible to schedule the briefing by the Peacebuilding Commission (PBC) as per resolution 45/31 – and look forward to future opportunities for exchanges between the HRC and the PBC to learn from one another in efforts to address common contemporary challenges.

We deplore the abandonment of the Yemeni people by the HRC member States who did not support the renewal of the Group of Eminent Experts on Yemen. This failure of the HRC gives the green light to all parties to the conflict to continue their campaign of death and destruction in Yemen. We demand an international criminal investigative mechanism. Anything less is unacceptable.

We regret that the HRC has not responded to the calls of civil society and the evidence of widespread violations in countries including China, Egypt and Saudi Arabia where the situations manifestly warrant the establishment of international investigation and accountability mechanisms.

The establishment of a Special Rapporteur on the situation of human rights in Afghanistan supported by additional and dedicated expertise in OHCHR should bring much needed scrutiny. While we are disappointed that the Council did not establish the full-fledged investigative and monitoring mechanism that the situation warrants, we hope this decision represents a first step towards a stronger response to ensure accountability for human rights violations and crimes under international law in Afghanistan.

While the extension of international scrutiny in Burundi, including through ongoing documentation of violations, is welcome, we regret the absence of a clear strategy post-Commission of Inquiry. As the Burundian government continues to reject cooperation with the Council and its mechanisms and to deny violations, and given that the newly-created Special Rapporteur will not have access to the country for the foreseeable future, it is vital for the Council to rely on benchmarks to design the next steps of its action on, and engagement with, Burundi. We thank the COI for its important work since 2016. It has set the bar high for investigative mechanisms.

We welcome the extension of the mandate of the Special Rapporteur on the situation of human rights in Cambodia with a mandate to provide an additional oral update to the Council. However, the resolution falls short of the minimum action required to credibly address the increasing regression in democratic space and civil and political rights and to put in place necessary measures to create an environment conducive for free, fair and inclusive elections in 2022 and 2023, including mandating enhanced monitoring and reporting by the High Commissioner.

More than four years after the beginning of the conflict in the North-West and South-West regions in Cameroon, we deeply regret States’ failure, once again, to collectively address the country’s human rights crisis. As other international and regional bodies remain silent, the Council has a responsibility to act, including through the creation of an investigative and accountability mechanism.

We welcome the renewal of the mandate of the Fact-Finding Mission (FFM) on Libya but regret that the mandate has only been extended for a 9-month period. The severity of ongoing and past violations and abuses in Libya, including war crimes, requires an FFM with a sustained and properly resourced mandate.

We welcome a second joint statement on Nicaragua, and urge concerned States to step up collective action in light of increasing repression ahead of the November 7 elections. Should the Government not revert course, it is fundamental that the Council takes stock and provides an adequate, strong response, including the establishment of an international mechanism at its 49th session.

We welcome the High Commissioner’s oral updates on the Philippines. While the UN Joint Program on Human Rights (UNJP) might provide a framework for improvements, we remain concerned that the UN Joint Programme on Human Rights is instrumentalized by the Government only to please the international community. The national accountability mechanism fails to show meaningful progress. We continue to urge the Council to consider establishing a Commission of Inquiry on the Philippines, to eventually start the long-overdue independent and transparent investigation into the human rights violation in the country.

We welcome the robust resolution that extends the mandate of the Independent Expert on Somalia for a further year.

While human rights advancements since 2019 in Sudan should be recognized, Sudan still faces significant human rights challenges including threats of the militarization of the State which is also the most challenging peril for women’s rights and WHRDs in Sudan. The transition is not complete, and political uncertainty remains. Against this backdrop, the Council’s decision to discontinue its formal monitoring of and reporting on Sudan is premature as the military establishment continues to pose a threat to democracy and stability in Sudan. We urge the Sudanese authorities to fully cooperate with the UN human rights system to address ongoing violations including sexual and gender based violence and the legacy of 30 years of dictatorship, including impunity for crimes under international law.

Signatories: International Service for Human Rights (ISHR), Cairo Institute for Human Rights Studies; DefendDefenders (East and Horn of Africa Human Rights Defenders Project); Commonwealth Human Rights Initiative (CHRI); FIDH; ARTICLE 19; International Commission of Jurists; FORUM ASIA; International Bar Association; Franciscans International; CIVICUS: World Alliance for Citizen Participation; Association of Progressive Communications – APC; child rights connect; Gulf Center for Human Rights

https://ishr.ch/latest-updates/hrc48-civil-society-presents-key-takeaways-from-human-rights-council/

https://www.universal-rights.org/blog/report-on-the-48th-session-of-the-human-rights-council/

Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR | 1 Comment »
Tags: 48th session of the UN Human Rights Council, ISHR, joint statement, NGOs, Right to a Healthy Environment

Indonesia: Human Rights Defenders under pressure

October 15, 2021

Here a bit of wrap up on recent developments in Indonesia. First two disclaimers:

(1) I have a long-standing interest in this country [see: Indonesia and the Rule of Law, 20 Years of “New Order” Government, a Study prepared for the ICJ, published by Frances Pinter Publishers, London, 1987, pp 208 (ISBN: 0 86187 919 8) and previous posts: https://humanrightsdefenders.blog/tag/indonesia/]

(2) the human rights situation has generally improved since that book in 1987 and is a lot better compared to other countries in Asia such as China and Myanmar.

Still, there is no case for complacency as many of the hopes raised with the election of President Jokowi were dashed (see e.g.: https://www.economist.com/asia/2021/08/19/indonesias-presiden t-promised-reform-yet-it-is-he-who-has-changed)

Over the past two years, human rights defenders (HRDs) have faced unprecedented challenges in Asia, where existing risks were exacerbated, while new threats have emerged. Governments enacted and used repressive laws, online harassment became widespread, and Asian HRDs have seen their families and loved ones increasingly subjected to harassment and threats. The COVID-19 pandemic has also significantly increased violations against defenders, and created new challenges for them to safely conduct their work.

Asian Forum for Human Rights and Development (FORUM-ASIA) and the Commission for Disappeared Persons and Victims of Violence (KontraS) presented a joint analysis, “Refusing Silence: A joint analysis on the situation of Human Rights Defenders”, as part of a collaboration in documenting cases of violations against human rights defenders in Asia, and particularly in Indonesia since 2020. [For the full PDF version of this analysis in English, click here]

The Indonesian government should put an end to the judicial harassment against human rights defenders Fatia Maulidiyanti and Haris Azhar, and uphold the right to freedom of expression, the human rights organisations said.

‘The Government of Indonesia must uphold its international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) as well as its own national constitution which protects the right to freedom of expression,’ said the groups.

The groups urged the Indonesian government to ensure that all persons can express their opinions without fear of reprisals, and to ensure its actions are compliant with Indonesia’s Constitutional protections for human rights and the ICCPR, of which Indonesia is a State Party. The National Human Rights Institution, Komnas HAM, must also work towards ensuring the protection of defenders facing judicial harassment, the groups said.

On 22 September, Luhut Binsar Pandjaitan, the Indonesian Coordinating Minister for Maritime Affairs and Investment filed a police report against human rights defenders Fatia Maulidiyanti, Coordinator of the Commission for the Disappeared and Victims of Violence (Kontras), and Haris Azhar, Founder of Lokataru Foundation. The police report alleges that the two individuals violated criminal defamation provisions (Article 310 (1) of the Penal Code), and the controversial Electronic Information and Transaction Law (EIT Law). Luhut Binsar Pandjaitan has reportedly demanded IDR 300 billion, approximately USD 21 million, in compensation.

The report was filed after subpoenas were earlier sent to the two human rights defenders following a talk show on Haris Azhar’s YouTube channel, titled ‘Ada Lord Luhut di balik Relasi Ekonomi-Ops Militer Intan Jaya!! Jenderal BIN Juga Ada!!’, (There is Lord Luhut behind the relation of Economy-Military Operation Intan Jaya!! General of State Intelligence Agency is also there!!) in which Haris Azhar and Fatia Maulidiyanti discussed the findings of a multi-stakeholder report revealing the alleged involvement of active and retired Indonesian army officials in the business operations of the gold mining sector…

The report also recorded the escalation of violent and armed conflict triggered by military operations, one of which occurred in the Intan Jaya Regency. The conflict resulted in the loss of civilian lives and the displacement of thousands of people, including children and women.

‘The legal actions by the Coordinating Minister constitute judicial harassment and abuse of power. It criminalises the rights of these two human rights defenders to express their opinions on public affairs and creates a chilling environment for individuals who criticise the government,’ the groups said.

‘We call on the Indonesian government to amend all repressive laws and legal provisions that hinder the protection of freedom of expression, and ensure the laws align with international human rights standards. The criminalisation of defamation is an inherently disproportionate and unnecessary restriction to the right to freedom of opinion and expression, under international human rights law.[4] Indonesia must immediately drop the charges against Fatia and Haris and take steps towards preventing the misuse of litigation against human rights defenders and civil society that erode the exercise of their rights,’ they concluded.

And then there is the situation of Papua:

Indonesia regularly receives criticism for its strategy in relation to separatist groups in Papua, a strategy that relies heavily on a security-based approach and which has raised questions about the government’s commitment to human rights. Most recently, the nation found itself included on a list of 45 countries cited as being culpable of intimidation and reprisals against human rights defenders seeking to cooperate with the UN, according to an annual report from the UN Secretary General’s Office distributed on September 17.

Between May 2020 and April this year, five individuals seeking to cooperate with UN human rights agencies – Wensislaus Fatubun, Yones Douw, Victor Mambor, Veronica Koman [see also: https://humanrightsdefenders.blog/2019/10/24/indonesian-human-rights-defender-veronica-koman-receives-sir-ronald-wilson-human-rights-award/]and Victor Yeimo – were “subject to threats, harassment and surveillance by government, non-state and private actors, including business enterprises and local political actors”, the report said.

On 21 September 2021 A U.N. expert has urged Indonesia to provide an independence activist in its Papua province with proper medical care to “keep him from dying in prison”, after reports that his health had deteriorated.

Victor Yeimo, 39, who is the international spokesman of the West Papua National Committee, was arrested in the provincial capital of Jayapura in May. He has been charged with treason and inciting violence and social unrest in relation to pro-independence protests that swept the remote, resource-rich region for several weeks in 2019. Yeimo has denied the charges.

His trial went ahead in August despite repeated requests from his lawyer for a delay on medical grounds, Mary Lawlor, U.N. special rapporteur on the situation of human rights defenders, said in a statement on Monday. “I’ve seen it before: States deny medical care to ailing, imprisoned human rights defenders, which results in serious illness or death,” said Lawlor. “Indonesia must take urgent steps to ensure the fate does not await Mr Yeimo,” she said, adding that his access to medical care had been restricted and his prison conditions “may have amounted to torture”. Yeimo is being treated at a Jayapura hospital after a court ordered he receive medical attention. Papuan activist Rosa Javiera told a news conference organised by the rights group Amnesty International on Tuesday that Yeimo was suffering from chronic tuberculosis that required continuous medical treatmentt.

The Indonesian government has used the covid-19 pandemic as a pretext to crack down on West Papuan street protests and to impose online censorship, according to new research published by the human rights watchdog TAPOL. Covid-19 protocols have given more power to the police and military to crush protests but they are not fairly implemented across Indonesia in general. The findings are in a new study, the West Papua 2020: Freedom Of Expression And Freedom Of Assembly Report, in which TAPOL has collated and analysed incidents recorded by West Papuan and Indonesian civil society organisations.

The West Papua 2020 Report. Image: Tapol screenshot APR

U.N. rights expert says Papuan held in Indonesia at risk of dying

Covid-19 crisis a pretext for West Papua online, offline repression, says Tapol

https://www.phnompenhpost.com/international/indonesia-faces-scrutiny-over-papua

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27494&LangID=E

https://www.ucanews.com/news/widodo-criticized-for-rights-violations-in-indonesia/94647#

Posted in human rights, Human Rights Council, Human Rights Defenders | 1 Comment »
Tags: Fatia Maulidiyanti, Forum Asia, Haris Azhar, Human Rights Defenders, Indonesia, Kontras, Mary Lawlor, medical care, Papua, TAPOL, Veronica Koman, Victor Yeimo

Hans Thoolen on Human Rights Defenders and their awards